Where does the duty to make reasonable adjustments end?
In Hindmarch v North East Ambulance NHS Foundation Trust ([2025] EAT 87), an Employment Appeal Tribunal reinforced a crucial boundary in disability discrimination law: employers aren’t required to make adjustments that have no realistic prospect of helping.
Mr Hindmarch was an ambulance driver with asthma and anxiety. During the pandemic, he refused to transport COVID-positive patients unless given an FFP3 mask – despite national guidance saying FFP2 masks were appropriate for his role. He remained off work and was ultimately dismissed. He subsequently claimed that the Trust failed in its duty to make reasonable adjustments.
The Tribunal and then an EAT both disagreed.
The key issue wasn’t whether FFP3 masks were technically possible to provide, but whether they would realistically alleviate the disadvantage caused by his disability. The Court said the duty under the Equality Act 2010 only arises where an adjustment could have a real prospect of removing or reducing the disadvantage.
Since multiple medical professionals – including occupational health professionals – advised that the mask wouldn’t help his anxiety in any meaningful way, there was therefore no legal obligation to provide it.
It’s important to note that the case doesn’t give employers a ‘get out of jail free card’. However, it underlines the importance of engaging meaningfully with adjustment requests – but it clearly shows the boundary.
Reasonable adjustments must be effective enough to make a real difference. If they won’t, the duty doesn’t apply.
The ruling reflects earlier case law, including Paulley v FirstGroup and guidance from the Equality and Human Rights Commission. It helps clarify that adjustments don’t need to be perfect or guaranteed to succeed – but they must have at least some genuine prospect of helping.
Key summary for HR Professionals:
- Explore options thoroughly with the employee
- Seek medical or occupational health input
- Consider alternatives, even if one request isn’t viable
- Document clearly if and why an adjustment won’t realistically help
Further commentary:
Michelmores | Birketts | Didlaw
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